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Court of Session Practice Issue 97 Feb
26

Court of Session Practice Issue 97 Feb 26

The study of law and literature has become global, and now encompasses legal traditions and literary histories from across Africa, Asia, Europe, Latin America, and the Middle East. Paradigms such as international law and literature, postcolonialism, and the Global South have further added to the richness of the field. As law and literature takes root in different regions, and as its intellectual and geographical terrain expands, there is a need to re-examine its foundational assumptions, theoretical paradigms, and interpretative praxes. What can we learn from established practices, and what new conceptual frameworks should we develop, to engage with the world's increasingly diverse jurisprudences, literatures, and cultures? What, in short, might the study of world literature and law look like?This collection maps the global turn in law and literature, foregrounds under-represented regions, and charts new directions for the twenty-first century. Featuring case studies from Argentina, China, India, Nigeria, and South Africa among others, contributors revisit jurisprudence and aesthetics; trace colonial genealogies of policing and borders; interrogate sexuality, gender and reproduction; and stage conversations between legal reasoning, narrative form and visual culture. Synthesising comparative, postcolonial and international perspectives, the volume surfaces fresh conceptual tools and agendas for research and teaching.This book will be essential reading for scholars and students of law, literature, comparative literature, legal theory, socio-legal studies and postcolonial studies. The essays in this collection were first published in various issues of Law &amp; Literature.

World Literature and Law

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Multilateralism has been increasingly accepted as the modus operandi in world politics, and in global environmental politics in particular. International environmental law in the form of multilateral environmental agreements has over the last four decades emerged as the preferred avenue to address inter-state environmental issues that either cross state boundaries, materialize beyond national jurisdictions or are of genuinely global nature such as climate change.This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement – and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements, from diplomatic exchanges, to treaty negotiations, to analyses of the treaty text, non-compliance mechanisms and finally to recourse to courts. It also emphasises the strong impact of the sovereign powers of emerging economies such as China and Brazil on the shaping of international environmental regimes.

Environmental Multilateralism and its Discontents

How Reasoning Shapes Legal Reality

Law as Philosophy

This open access book argues that the scarcity created by the under-production of vaccines during the Covid-19 years was an entirely predictable, even legitimate consequence of how the international patent system works. Far from being a technical sub-discipline of intellectual property law that simply protects inventions, the international patent system is prismatic of the ways in which we fail to adapt to the challenges of our times: patent rights are intended to incentivise innovation for societal benefit, but in fact facilitate predictable injustice. The patent system ignores the care-constituted nature of our lives, prioritising limiting notions of fairness at the cost of structural harms. The Social Life of Intellectual Property proposes an ethic of just care to temper justice in the global governance of technology. It explores intellectual property as recurring social processes and explains why individual agency and shared responsibility are implicated. On an ecologically imperilled planet, and in a time between pandemics, we must reckon with what we are socialised to believe is legally possible. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Justice, Patents, and Care

The Social Life of Intellectual Property

Cambridge Studies in International and Comparative Law

The Co-Production of Infrastructure, Technology, and International Law

Cable Empires

Anthropology, Law, and Political Morals

Some Versions of Legalism

Building a New Legal Framework

Foetal Tissue Governance

Studies in Penal Theory and Ethics

What are reasons? What are duties? What are values? This book presents a fresh account of these concepts and the interplay between them. It defends a modest notion of a reason. It opens space for a notion of a duty that is fundamental and irreducible to that of a reason. And it proposes that engagement with value can be assessed as good, and that good engagement often involves the development of correct beliefs and fitting emotions. The result brings to light the normative significance of cognitive and affective attitudes, and reshapes the relationship between practical and epistemic normativity. In this redrawing of the normative map, Rethinking Normativity engages with wide ranging resources, including Razian theory, care ethics, and accounts of pragmatic encroachment on knowledge.

Rethinking Normativity in the Law and Beyond

Drawing on new data and case analyses, Ryan J. Rebe provides substantial evidence that justices vote their partisan preferences on election law cases. By focusing specifically on election law, Rebe reveals a consistent pattern of partisanship on the Court. The findings controvert popular perceptions of non-biased decision-making and notions of fundamental fairness. The aggregate analysis shows that justices vote along party-lines in a majority of election law cases, and consensus-building is rare when there is a contentious electoral issue at stake. Exploring topics such as gerrymandering, campaign finance, voter ID laws, and presidential immunity, Rebe demonstrates that Supreme Court decisions often conflict with principles of stare decisis, originalism, and judicial restraint. Rebe also conducts a content analysis of the most controversial election law cases of the past twenty-five years, including Crawford v. Marion County, Citizens United v. FEC, Shelby County v. Holder, and Trump v. United States. In doing so, the book provides a thorough overview of over two decades of election law cases and sheds light on the ways these cases have reshaped America's electoral institutions.

The Era of Political Partisanship on the U.S. Supreme Court

The Partisan Court

This open access book introduces the first systematic approach to the debate on the unity or fragmentation of practical reasoning and its profound implications for legal philosophy. Bringing together some of the foremost legal philosophers from the Hispanic-Latin world, the book presents a thoughtful dialogue with the Anglo-American literature, making it of interest to scholars from both cultural traditions. Although the topic is rarely discussed explicitly and systematically, it is pivotal to ongoing debates about legal normativity, the nature of law, legal authority, and the rationale behind legal decisions. This book fills this gap by providing a comprehensive perspective that illuminates the intersections between the philosophy of law and the philosophy of practical reasoning. It analyses law from the perspective of the agent and offers deep insights into critical issues in the field of law. The volume is divided into four parts. The 1st part addresses the question of the nature of reasons and the unity of practical and theoretical reasoning. The 2nd part deals with the question of whether practical reasoning works in a unified or fragmented way. The 3rd section examines the autonomy of legal normativity in relation to morality and other normative domains. In the 4th and concluding section, the authors analyse the implications of the thesis of the unity of practical reason for legal decision-making and the authority of law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Law and the Unity of Practical Reasoning

This monograph offers a comprehensive contextual analysis of Maine's Ancient Law, emphasising the author's use of various sources to construct the book's key themes. Ancient Law was written as a sophisticated piece of rhetorical prose grounded in Maine's education in the classics. Central to this analysis is the significant role of Roman law in shaping the narrative, particularly its influence on Maine's arguments and conclusions. The monograph also positions Maine's work within the broader intellectual debates of the nineteenth century, especially concerning the teaching of English law and Britain's colonial presence in India. By situating Maine's Ancient Law within this larger context, the study enhances our understanding of the text, revealing the historical legal framework that resonates in modern legal discourse and thought. This connection enriches our knowledge of Maine's contributions and highlights the enduring relevance of his ideas.

Henry Maine's Ancient Law as an Expression of Victorian Humanism

Sharing economy promised a way of using property for the mutual benefit of owners and consumers, but in the last decade it has only worked to profit large commercial platforms. This book shows how institutions of risk management are part of this problem and offers a solution: collaborative risk structures. The book uncovers risk as the missing element in accounts of property theory and sharing economy. Drawing on diverse insights from economic theory and legal studies, it explains how property and private law form a risk management infrastructure which reinforces private property, and examines the paralysing effects this has on sharing, by constraining it to extractive market relations and stifling its collaborative potential. The book argues that overcoming these constraints is key to realising collaborative property and curbing the drawbacks of private ownership. It proposes institutional design principles and offers heuristic solutions such as radical uses of private law tools and insurance mechanisms to build a collaborative risk system capable of supporting more equitable and diversified forms of sharing.

Risk in the Sharing Economy

Court of Session Practice Issue 97 Feb 26

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